IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100009699
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and the United Nations Medal. He also requests his dates of service in Somalia be shown on his DD Form 214.
2. The applicant states:
* He did not receive his Somalia service awards due to the quick out processing
* He wants his DD Form 214 updated to show his overseas service in Somalia and the AFEM and United Nations Medal
3. The applicant provides a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the
3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 27 December 1992, served as a motor transport operator and water treatment specialist, and was released from active duty on 15 August 1996.
3. Item 13 on the applicant's DD Form 214 shows the National Defense Service Medal and Army Service Ribbon as authorized awards. Item 18 (Remarks) does not show any deployments.
4. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay from 12 December 1993 to 11 March 1994 in Somalia.
5. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Restore Hope and Operation United Shield in Somalia from
5 December 1992 through 31 March 1995.
6. Army Regulation 600-8-22 states the United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members). The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal. The certificate issued by the United Nations constitutes award of the United Nations Medal. Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The DFAS information which shows the applicant served in Somalia is accepted as sufficient evidence on which to amend item 13 on his DD Form 214 to show award of the AFEM and item 18 to show he served in Somalia form
12 December 1993 to 11 March 1994.
2. Since the applicant served in Somalia for a period less than 6 months, he is not eligible for the United Nations Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ _____X__ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the AFEM to item 13 on his DD Form 214; and
b. adding the entry "SERVICE IN SOMALIA FROM 19931212-19940311" to item 18 on his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the United Nations Medal.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100009699
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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